Code:
No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code by any other law for the time being in force:
1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.]
Explain it:
This section essentially limits the right to appeal in criminal cases in India. It establishes a general principle that no appeal is permissible from an order passed by a Magistrate or Court under the CrPC, unless specifically provided for by the code itself.
Illustrate it:
Consider a case where a Magistrate dismisses a complaint filed under Section 156(3) CrPC. The accused in this case cannot appeal against this dismissal order unless Section 372 explicitly allows for such an appeal. Similarly, an accused cannot appeal against a Magistrate’s order granting bail under Section 439 CrPC, unless the CrPC provides for an appeal in such cases.
Common Question and Answers:
Q: Does this section mean that there are no appeals possible in any criminal case?
A: No. While Section 372 restricts appeals in general, the CrPC provides for appeals in specific cases. For example, appeals are allowed against conviction or acquittal in a trial, against orders regarding sentence, etc.
Q: How do I know if an appeal is possible against a particular order?
A: You need to carefully read the CrPC and check if it specifically allows an appeal against that order. You may also consult with a lawyer who specializes in criminal law.
